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Madras High CourtCRL OP/17682/2025disposed of with direction

Sakthivel Ganesan v. The Inspector Of Police

2025-06-19Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Sakthivel Ganesan ... Petitioner Vs.

1. Inspector of Police K-6 Kilpauk, TP Chatiram Kilpauk Garden Chennai - 600 030

2. Megan Xavier ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the respondent police to file a charge sheet in Crime No.74 of 2025 within a stipulated period of time.

For Petitioner : Mr.Rahul Jagannathan For First Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner/accused to direct the respondent police to file a charge sheet in Crime No.74 of 2025 dated 10.03.2025 registered for the offence under Section 64 of BNS, 2023 read with Section 4 of TN Prohibition of Harassment of Women, within a stipulated period of time.

2. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the investigation has already completed and the charge sheet has also been filed before the Vth Metropolitan Magistrate, Egmore, Chennai through e-filing on 12.05.2025 vide Ref.No.LTN20230002040C202500031.

3. Further, it is seen that the victim's name has been revealed in the FIR.

4. The law itself says that the identity of the victims of offence under Section 376 IPC should not be revealed. Further the Hon'ble Supreme Court of India has clearly given directions that the identifications of the victims of rape and sexual offences should not be revealed in any form. But the Investigating Officers are not following neither the law nor the directions of the Hon'ble Supreme Court.

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5. Therefore, the Director General of Police and the Commissioner of Police, Greater Chennai are directed to give strict instructions to all the Investigating Officers that the offences under certain sections as enunciated under the law and by the Hon'ble Supreme Court, especially, the sexual offences against children and women, the identification of the child/victim should not be revealed in any form and if any deviation is found, the entire police department would be held responsible and the Court will take stringent action by way of initiating suo motu contempt.

6. Further, the Inspector of Police of the respondent police station is directed to immediately remove the name of the victim from the FIR and other statement/records if any.

7. With the above directions, this Criminal Original Petition is disposed of.

19.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. Inspector of Police K-6 Kilpauk, TP Chatiram Kilpauk Garden Chennai - 600 030

2. The Public Prosecutor High Court of Madras, Chennai Copy to

1. The Director General of Police Chennai

2. The Commissioner of Police, Greater Chennai 4/5

P.VELMURUGAN. J.

Ksa-2 19.06.2025 5/5